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DEPT. OF CORRECTIONS v. PENA

No. 88SC544.

788 P.2d 143 (1990)

STATE of Colorado, for the Use of the DEPARTMENT OF CORRECTIONS, Petitioner, v. Federico PENA, Mayor of City and County of Denver; J.D. MacFarlane, Manager of Safety, City and County of Denver, John Simonet, Director of Corrections for the City and County of Denver; Mose Trujillo, Warden of the Jail for the City and County of Denver; Sal Carpio, Robert Crider, Kathy Donohue, Stephanie Foote, Ted Hackworth, Nieves McIntyre, Kathy Reynolds, William Roberts, William Scheitler, John Silchia, and Paul Swalm, City and County Member, City and County of Denver, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 2, 1990.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Terrence A. Gillespie, Asst. Atty. Gen., Denver, for petitioner.

Stephen H. Kaplan, City Atty., and Stan M. Sharoff, Asst. City Atty., Denver, for respondents.

Justice ERICKSON delivered the Opinion of the Court.

We granted certiorari to review the order of the court of appeals dismissing the petitioner's appeal for failure to transmit the record in a timely manner. In our view, dismissal, under the facts of this case, was too harsh a sanction. Accordingly, we reverse and remand with directions.

I.

Significant issues involving the Department of Corrections and the confinement of state prisoners in the Denver...

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